Washington v. Hodges et al

Filing 58

ORDER DENYING 51 Motion to Appoint Counsel ; DENYING 53 Motion for Reconsideration ; DENYING 53 Motion for Hearing. Signed by Magistrate Judge Donald G. Wilkerson on 5/6/14. (sgp)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
BURL WASHINGTON,
Plaintiff,
v.
MARGARET HODGES, et al.,
Defendants.

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Case No. 3:12-cv-854-JPG-DGW

ORDER
WILKERSON, Magistrate Judge:
Now pending before the Court are the Motion for Appointment of Counsel filed by
Plaintiff, Burl Washington , on March 13, 2014 (ECF 51) and the Motion for Reconsideration filed
by Plaintiff on March 17, 2014 (ECF 53).

Both Motions are DENIED WITHOUT

PREJUDICE.
Plaintiff, who is blind, seeks reconsideration of this Court’s denial of his request for
recruitment of counsel. Plaintiff also seeks a rehearing on the issue of exhaustion on which this
Court issued a Report and Recommendation on March 14, 2014 (to which Plaintiff has objected).
In a March 3, 2014 Order (ECF 47), this Court denied, without prejudice, Plaintiff’s
request for counsel because he failed to show what reasonable efforts he made to secure counsel
without Court intervention and he failed to indicate how his “legally blind” status hampered his
ability to litigate. Plaintiff now has stated in his motions (and at the Pavey hearing held on March
5, 2014), that his blindness prevents him from reading and writing and that he must rely on other
inmates in order to present pleadings to the Court. Plaintiff has not, to date, indicated what
reasonable steps he has taken to acquire counsel without Court intervention.
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This matter is now before the District Court on a recommendation that this matter be
dismissed for failure to exhaust. When that threshold issue has been resolved, and if this matter
remains pending, Plaintiff may file a Motion for Recruitment of Counsel that should follow the
directions contained in the March 3, 2014 Order. A rehearing on the issue of exhaustion is not
required at this time.
IT IS SO ORDERED.
DATED: May 6, 2014

DONALD G. WILKERSON
United States Magistrate Judge

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